Get Free Answers From Experienced Lawyers!
I was arrested at Percy Priest Dam on a 5-month-old vandalism warrant, which I was unaware of, but the charge was dismissed. During the arrest, I agreed with the officer to let him take my firearm for safekeeping rather than leave it in my unlocked car for a friend to retrieve. He noted details on... View More
answered on Nov 8, 2025
You start by asking the arresting agency’s property or evidence unit—by phone and in writing—for a property release based on the dismissal. Give them the incident number, citation number, the gun’s make, model, and serial number, and proof of ownership. If you are not prohibited from... View More
I was charged with home improvement fraud (failure to refund) over three years ago in Tennessee. I have not been able to secure a trial date, which I believe violates my due process rights. A judge deemed the charge unconstitutional on its face, but no motions have been filed regarding this by my... View More
answered on Nov 5, 2025
SOL was met when the criminal charge was initiated by the AW. Hire a real lawyer as the PD is not going to file any motions that are dispositive, as they require work. If you are not indicted but bound over, you can try to file a speedy trial notice but you will lose.
How long does the grand jury have to review a case in Tennessee and either indict or dismiss it? The alleged act involves a violation of an order of protection on two counts. One count, concerning an alleged attempt to drive the victim off the road, was dismissed. The remaining allegation,... View More
answered on Nov 4, 2025
For felonies, several years. Misdemeanors must be charged within 1 year of the incident. Dismissed charges can be the subject of an indictment also. Have no contact with the alleged victim, including posting comments on the internet.
In Tennessee, can a registered sex offender convicted of sexual battery of a minor attend private gatherings where they know children will be present? I was told by the Department of Corrections in Nashville that they cannot attend functions where minors will be present, but I'm uncertain... View More
answered on Nov 4, 2025
In Tennessee, there is no blanket statute that forbids a registered person from being present at every private gathering where minors will attend. The core statewide rules focus on places like schools, parks, playgrounds, recreation centers, and similar child-focused facilities; those are... View More
I bought a property in Tennessee, and the deed indicates that part of it is listed under a different tax ID. This section is claimed by the county under their name without any deed to support their ownership. The county couldn't provide a deed to prove ownership but insisted that they'll... View More
answered on Nov 1, 2025
Asserting adverse possession, even under color of title, against the government is usually impossible. It may be a boundary dispute where acquiescence to ascertainable boundary monuments could be alleged. You have a dispute and apparently the grantor told you about it before you were conveyed... View More
My boyfriend's daughter is dating a registered sex offender and is now pregnant by him. She was aware of his status when they began dating. We are concerned about the safety of her existing child. How can we find out if he is legally allowed to be around children, and what steps can we take to... View More
answered on Oct 31, 2025
Whether a registered sex offender is legally allowed to be around children depends on the specific details of their conviction, probation, or parole conditions. Some offenders are restricted from having contact with minors, visiting schools, parks, or playgrounds, or living in a household with... View More
I have a family member who is currently incarcerated, and there's a troubling situation involving a family member by marriage who works as a correctional officer at the same jail. This correctional officer informed us of private drug test results of my incarcerated relative on two occasions.... View More
answered on Oct 29, 2025
Without employment authorization, you may not engage in any activity that counts as work under federal immigration law. You may perform genuine volunteer service, but only within narrow, clearly defined limits.
A permissible volunteer role exists at a charitable, religious, or governmental... View More
I am scheduled to appear in court this morning for a debt that I am unable to pay. Due to serious health reasons and caring responsibilities, including raising three grandchildren and taking care of my disabled mother, I am not currently working. The court summons was left at my aunt's house,... View More
answered on Oct 28, 2025
A default judgment will go down. You have ten days to ask the Court to set it aside. Hire a lawyer to do this. If you do it yourself, start by going to the Courthouse and getting a copy of the civil warrant with the judgment you want to set aside. Lack of personal service might be sufficient... View More
I represent a non-profit organization in Tennessee that collects funds to support other groups with similar values. Our organization is a 501(c)(3), and we often make donations to both 501(c)(3) and non-501(c)(3) entities. I am seeking clarification on the potential legal or tax implications of... View More
answered on Oct 24, 2025
As of October 24, 2025, you may grant or donate to entities that are not 501(c)(3) so long as you exercise control and discretion over the funds and restrict every dollar to purposes that qualify under section 501(c)(3); if funds are used for non-charitable purposes, you risk private benefit issues... View More
An inmate was initially given a release date, which was later revised to a date one month afterwards. Subsequently, we received a letter stating there was a mistake in calculating the sentence, resulting in an additional four years being added. The inmate has already served over five years. Upon... View More
answered on Oct 23, 2025
A sudden four‑year extension after years served is jarring, but you can force a clear, documented review. Demand, in writing, the complete TOMIS sentence‑calculation worksheet, the credit ledger (pretrial, program, good‑time, and behavioral credits), and any signed Uniform Judgment Document... View More
I am the registered owner of a vehicle that was impounded by the police and held for approximately 60 days pending an investigation. I did not receive any notice or paperwork about the hold or the specific reasons for the impoundment. Now that the hold has been released, I am trying to understand... View More
answered on Oct 21, 2025
When police impound a vehicle, they can legally hold it for as long as it’s needed for an active investigation, but they must have a valid reason and generally must notify the registered owner. In most states, that notice should be sent within a set number of days—often between five and... View More
I was placed under an emergency hold by the Memphis Police Department, and this record now appears on background checks done by certain agencies and potential employers. I spoke to someone at the Tennessee Bureau of Investigation's expungement office who mentioned needing an "O... View More
answered on Oct 21, 2025
“O expungement” is shorthand for an expunction under Tenn. Code Ann. § 40‑32‑101(o)—the arrest‑only remedy used when police detain or arrest you but no case is ever opened in a court docket. In other words, you use subsection (o) to clear a Tennessee Bureau of Investigation (TBI)... View More
I strongly believe my husband is married to our neighbor in Tennessee, but I'm unsure of the date or county. The neighbor, who is jealous of my relationship with my husband, had me evicted from our home with his involvement, leaving me in a motel. I have an eviction notice and evidence of... View More
answered on Oct 20, 2025
You’re dealing with two fronts—proof of a second marriage and unlawful displacement—and both can be handled in parallel. To confirm whether he married your neighbor, request a Tennessee Office of Vital Records search for both names and contact the County Clerk in every plausible county (where... View More
I ordered several guns online through Gunbroker, having them transferred to a Glock store. However, the store refused to release the firearms, claiming that I was an arms seller. They have also banned me from the store, informed other stores not to do business with me, and refused to conduct... View More
answered on Oct 17, 2025
You are going to have to hire an attorney to sue the firearm dealer who has your guns. If they are already paid for, including the local dealer/defendant's fees, then you might file an Action To Recover Personal Property in General Sessions. But most likely you will have to sue in... View More
I am currently employed in Tennessee and experiencing ethical and legal issues at my workplace, directed by the business owners. They have instructed me to manipulate policy information, such as omitting certain details to influence rates and writing policies incorrectly for cost savings. I've... View More
answered on Oct 14, 2025
What you’re describing sounds serious, and it’s good that you’ve been documenting everything. In Tennessee, you can report insurance-related misconduct or unethical business practices directly to the **Tennessee Department of Commerce and Insurance**. They handle complaints involving... View More
I am a property manager in Tennessee. Under Tennessee law, am I allowed to ask for or retain a copy of a tenant's ID or social security number? What are the legal conditions or requirements for doing so?
answered on Oct 11, 2025
Yes, as a property manager in Tennessee, you are legally allowed to request and retain a tenant’s identification or Social Security number, but only for legitimate business purposes. These typically include verifying identity, conducting background or credit checks, and confirming eligibility... View More
My son, a first-time, non-violent offender classified for minimum security, is serving a 6-year sentence in Tennessee. He was initially at Bledsoe County facility with eligibility for a work annex but was recently transferred to a medium-security prison in Hardeman County, where he feels in danger... View More
answered on Oct 8, 2025
Contact your State Representative to ask his assistance in moving the Prisoner to a more convenient location so the Family can visit him.
In South Fulton, TN, a city commissioner is reportedly not living in the ward he was elected to represent. According to the city charter, commissioners must reside in their respective wards. This issue has been reported to the city commissioners, the Mayor, the city manager, and the Obion County... View More
answered on Oct 8, 2025
It’s understandable to be frustrated when elected officials appear to ignore residency requirements that are clearly stated in the city charter. In Tennessee, the **Obion County Election Commission** is responsible for managing elections, but it generally **does not have the authority to remove a... View More
I was approved for a significant grant by a Congressman, and the U.S. Treasury Department produced it. After missing two delivery attempts, I was informed that a tracking code is needed to reissue the grant. UPS told me they require this tracking code for delivery, or I should contact the issuer to... View More
answered on Oct 4, 2025
It sounds like you’re caught in a frustrating situation between multiple agencies, and the process needs to be clarified before your grant can be properly reissued. If the U.S. Treasury Department issued the grant, it’s important to contact them directly through their Bureau of the Fiscal... View More
On February 29, 2024, my brother was sentenced by a Tennessee trial court to 5 years at 100% under T.C.A. § 40-35-501(cc), but the Tennessee Department of Correction (TDOC) does not have a code to apply 100%. As a result, they have been unable to provide him with sentence expiration date... View More
answered on Oct 3, 2025
What you are describing is a very unusual situation, because a sentence of “5 years at 100%” has to be supported by a specific statute that authorizes 100% service. In Tennessee, T.C.A. § 40-35-501 does list certain offenses where release eligibility is eliminated or nearly eliminated, but... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.